KAH 07-02322
Inmate # 97-B-1513, ELMIRA CORRECTIONAL FACILITY
Index No: I-2006-3587

PEOPLE OF THE STATE OF NEW YORK EX REL. ROGER MILES, PETITIONER-APPELLANT, V DONALD LIVINGSTON, SUPERINTENDENT, ERIE COUNTY CORRECTIONAL FACILITY, AND ROBERT J. DENNISON, CHAIRMAN, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS-RESPONDENTS.

An order having been entered on November 20, 2007, granting appellant's motion to perfect an appeal taken herein as a poor person and assigning Alan Birnholz, Esq. as counsel to perfect the appeal,

Now, upon reading and filing the statement of Alan Birnholz, Esq., dated January 31, 2008,

It is hereby ORDERED that Charles J. Greenberg, Esq., P.O. Box 102, Buffalo, New York 14207-0102, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of the Supreme Court, Erie County, entered in the Erie County Clerk's Office on August 27, 2007, in place of Alan Birnholz, Esq.; and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529; and

It is further ORDERED that the Clerk of Eire County is directed to provide Charles J. Greenberg, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based; and

It is further ORDERED that said record and briefs are to be filed and served on or before June 24, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: February 19, 2008

JOANN M. WAHL, Clerk